by tellsthetruth  05/08/2020  0 Page Views
1 Comments  Discuss legal issues that are of a general nature

Asking for a friend of a friend here...

Leaving aside issues of the dismissal which was possibly justified, this speaks to the Privacy Act...

This is based in NSW

An employee (Person X) of a company visits an hotel close to their workplace during their half hour evening break for a bar meal and (possibly) a drink.

Person X has been "counselled" about this previously although has never been required to take a breath test etc nor has there been any indication that their post-break performance was affected by alcohol.

Perhaps inadvisedly, they once again visit the hotel for a meal with friends during their evening break.

The hotel captures this visit on their CCTV and apparently reported Person X's visit to their employer although there was absolutely nothing untoward about the behaviour of Person X whilst they were on the premises.

There are anecdotal reports that the hotel has an "arrangement" to dob in employees of the aforementioned company to their employer.

After Person X visits the hotel, the hotel subsequently provides the employer with a video file of footage downloaded from their CCTV which clearly identifies Person X AND their dining companions.

A day or two later, this video is shown to Person X in the course of a disciplinary hearing at their workplace.

On the basis of this evidence and previous warnings, Person X is dismissed.

As I said, the employers right to sack Person X is not really in question although there are indeed grey areas.

My question is the extent to which the hotel was in possible breach of the privacy legislation by voluntarily (proactively?) providing their CCTV footage of Person X to their employer?

Also, the extent to whch the hotel could be seen a acting as an agent of the employer by effectively running covert surveillance of one of their employees via their CCTV?

And finally, the liability of the employer under the Privacy Act for soliciting and and acting upon a third party's CCTV footage to dismiss Person X.